cr52401
06-05 11:04 PM
I am EB3 with PD of Oct 2003. My attorney filed on June first. I will give update as soon as I get the recipet #.
Does any one knows what happened after you apply in Nebraska. Do they send your application to Service center or will be processes all the way through in Nebraska. I live in Texas and my attorney said we must file in Nebraska and can not send to Texas service center any more.
Is that true?
Thanks.
Does any one knows what happened after you apply in Nebraska. Do they send your application to Service center or will be processes all the way through in Nebraska. I live in Texas and my attorney said we must file in Nebraska and can not send to Texas service center any more.
Is that true?
Thanks.
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chunky
09-28 02:40 PM
Lud can only be checked by receipt notice. I was referring to LUD on pending or aprooved 140 Quick question...how can we check LUD wihtout receipt notices...is there any way? please suggest.
madhuvj
09-15 03:39 PM
You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.
Originally Posted by VivekAhuja
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
Originally Posted by VivekAhuja
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
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jonty_11
07-28 12:07 PM
It is great to see human nature at work. Once united and making phone calls for the 3 lofgren Bills...the same folks are mulling it out over EB2, EB3 and how most of the folks dont even deserve to be either....Interesting fodder for Anti Immi folks.....
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
W/o demand there is no supply or acceptance of Foriegn nationals in an alien land. Obviously there are some that abuse teh system...
But that is not the intention of IV to solve for rooting the abusers out. Its the USCIS's job to do that. Like they abolished the Subs labor process.....they may as well make EB1, 2 and 3 more restrictive they actually did make EB2 more restrictive when PERM was launched...
So lets all concentrate on what our role in this whole mess is..that is to support IV wholeheartedly...Please focus on the big picture and enjoy life!!!!!!!!!
more...
Ramba
04-20 03:50 PM
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
Jimi_Hendrix
10-27 11:10 AM
I do not think IV is standing alone on this issue. I think that IV is making alliances based on our membership size, funding and reach capabilities. Many times when such alliances may be formed, the other side may not want to be identified in the media. This is particularly true in the current political climate where each side is out to villify the other. I believe that as individuals we should keep creating more awareness among fellow retrogression sufferers and GC applicants alike. I find it amazing that there are so many applicants out there who have not heard about IV. I keep meeting people who suffer from so many retrogression issues and then again they are doing nothing to fight it.
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desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
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yabadaba
03-09 12:40 PM
another story:
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
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ivar
02-03 12:55 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good Luck, India has great opportunities now. I got my green cards today so i will have to wait for another 5 to 6 years to return to india. Only reason i would return to india is to take care of my parents, India has so many issues (corruption,pollution,gundagiri,etc) but need to return one day (Target would be 2017) to take care of my parents, They come to US on vistor visa but thats not enough.
All the best.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good Luck, India has great opportunities now. I got my green cards today so i will have to wait for another 5 to 6 years to return to india. Only reason i would return to india is to take care of my parents, India has so many issues (corruption,pollution,gundagiri,etc) but need to return one day (Target would be 2017) to take care of my parents, They come to US on vistor visa but thats not enough.
All the best.
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gauravster
07-08 04:30 PM
You are incorrect on multiple accounts.
But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?
.
The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.
But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?
.
The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.
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ram04
04-20 05:48 PM
It is normal practice with all companys to do that with every change.
Even after years of slavery to them they keep doing this.
As per history they say no company won the case of Non compete agrement against employee so far in court of law.
I got my arears money from one of the India's reputed software company (after a year' s correspondance)only after I warned them that I will inform labor dept.
Ofcourse as another member suggested, it is better to keep yourself at peace and get along as long as your immigration status is not disturbed by those blood suckers.
All the best.
Even after years of slavery to them they keep doing this.
As per history they say no company won the case of Non compete agrement against employee so far in court of law.
I got my arears money from one of the India's reputed software company (after a year' s correspondance)only after I warned them that I will inform labor dept.
Ofcourse as another member suggested, it is better to keep yourself at peace and get along as long as your immigration status is not disturbed by those blood suckers.
All the best.
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pappu
02-09 05:56 PM
People are giving red dots for asking donation....
Great we will fix all these problem by 2100.
GO IV GO...there are lots of free riders waiting for you.
I really feel ashamed you guys.
I will check who they are cos that means they are anti-IV and anti-immigrants
Great we will fix all these problem by 2100.
GO IV GO...there are lots of free riders waiting for you.
I really feel ashamed you guys.
I will check who they are cos that means they are anti-IV and anti-immigrants
more...
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ramaonline
05-11 12:30 PM
On h1b u can start any business as long as the investment is passive. (something like investing in stocks, real estate etc) You cannot actively work for your business. The same applies to h4.
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ckichannagari
02-14 12:22 PM
Contributed $100 via Paypal, Transaction ID: 41371630MU244125X
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vandanaverdia
11-21 03:36 PM
I agree with people who say that "Miracles happen"....
We had a really close friend who was diagnosed with the fatal disease. His will power alone made him survive for over 2 years more than his doctors told him he would...
Miracles DO happen...
And remember... you will be in all our thoughts & prayers....
We had a really close friend who was diagnosed with the fatal disease. His will power alone made him survive for over 2 years more than his doctors told him he would...
Miracles DO happen...
And remember... you will be in all our thoughts & prayers....
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desi3933
06-26 10:13 AM
Basically if employers are not willing to sponsor they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "only security clearance"
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.
.
There are some jobs that require US citizens only without any security clearance requirements. Many defense related projects are like that. Not everyone will need security clearance, but everyone in the project must be US citizen.
.
more...
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sujith1
07-21 01:01 PM
Received on July 11 and LUD on 15th
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GCStatus
09-16 04:39 PM
Someone reading the thread for the first time should be able to figure out what the plan is.
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
Someone who is logical, reads the first port
man-woman-gc.. can you start a new thread, since you're the one maintaining the spreadsheet?
Someone who is logical, reads the first port
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GC08
09-14 07:34 PM
As of September 14, 2007, USCIS has completed data entry and issued receipt notices for applications and petitions received on or before the dates indicated:
California Service Center
Form Number Date Received
I-130 8/08/2007
N-400 7/26/2007
All Other Forms 9/06/2007
Nebraska Service Center
Form Number Date Received
I-131 7/29/2007
I-140 7/29/2007
I-485 Employment
Based 7/29/2007
I-765 7/29/2007
N-400 7/26/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 7/19/2007
I-140 8/13/2007
I-140 concurrently filed
with I-485 7/19/2007
I-485 Employment
Based 7/19/2007
I-765 7/19/2007
N-400 7/16/2007
All Other Forms 9/11/2007
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 9/4/2007
USCIS Lockbox
Form Number Date Received
I-485 Family Based 8/30/2007
TPS 8/26/2007
TEXAS center is catching up!!!!:D
If these data are true, how come a lot of July filers still have not got their receipts?
California Service Center
Form Number Date Received
I-130 8/08/2007
N-400 7/26/2007
All Other Forms 9/06/2007
Nebraska Service Center
Form Number Date Received
I-131 7/29/2007
I-140 7/29/2007
I-485 Employment
Based 7/29/2007
I-765 7/29/2007
N-400 7/26/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 7/19/2007
I-140 8/13/2007
I-140 concurrently filed
with I-485 7/19/2007
I-485 Employment
Based 7/19/2007
I-765 7/19/2007
N-400 7/16/2007
All Other Forms 9/11/2007
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 9/4/2007
USCIS Lockbox
Form Number Date Received
I-485 Family Based 8/30/2007
TPS 8/26/2007
TEXAS center is catching up!!!!:D
If these data are true, how come a lot of July filers still have not got their receipts?
vij
06-14 04:35 PM
My I-485 was mailed on June 1'st. Attorney haven't received receipts yet.
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
Which service center approved your I-140 - Nebraska or Texas?
But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.
Which service center approved your I-140 - Nebraska or Texas?
sameer2730
09-10 11:07 AM
or maybe the official webside accidently copies the India Other workers date to EB3 ;-) . In my 9th grade a real cool dude who sat next to me would say "Man lives in hope and dies in despair"
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